The Attorney General of Texas 

June 20, 1978 

JOHN L. HILL 

Attorney General 

Honorable Michael D. Meredith 

Moore County Attorney 

P. 0. Box 634 

Dumas, Texas 

Opinion No. H- 1189 

Re: Authority of Moore County 

to grant revenue sharing funds to 

private day care center. 

Dear Mr. Meredith: 

You ask whether Moore County may use federal revenue sharing money 

to supplement the operating budget of a private nonprofit day care center. 

The county receives the funds under the State and Local Fiscal Assistance 

A&t of 1972, 31 U.S.C. SS 1221 - 1265. A 1976 amendment to the Act deleted 

the provision which required local governments to apply revenue sharing funds 

to certain priority expenditures. Pub. L. No. 94-488, 90 Stat. 2341. See also 

31 C.F.R. S 51.41. A local government is still required to spend these funds “in 

accordance with the laws and procedures applicable to the expenditure of its 

own revenues.” 31 U.S.C. S 1243(a)(4). 

The commissioners court has only those powers that the Constitution 

and statutes have conferred upon it. Canales v. Laughlin, 214 S.W.2d 451 (Tex. 

1948). Statutory authority exists for the provision of services to specific 

groups of children. See, e.&, V.T.C.S. art. 2351, S 11 (provision for support of 

paupers); V.T.C.S. art. 5138 (county homes for dependent and delinquent 

children); V.T.C.S. art. 5547-203 (community mental health - mental 

retardation centers). See also V.T.C.S. art. 695a-4 (federally established day 

care program administered through Department of Public Welfare). Under 

appropriate circumstances, these statutes would authorize the county to 

provide day care for some children. See Attorney General Opinion H-423 

(1974) (child care center operated under.T.C.S. art. 5547-203). Where a 

county is authorized to provide child care, it may contract with a private 

entity to perform this service. See Attorney General Opinion M-843 (1971) 

(cu;c;sct with private agency fzcare .and supervision of juvenile delin- 

. See also Attorney General Opmion H-127 (1973) (use of revenue 

sharing funds to contract with corporation to establish recreation center for 

indigent aged). 

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P. 4788 
Honorable Michael D. Meredith - Page 2 (H-1189) 

However, we find no statute authorizing the commissioners court to provide 

day care for all children in the county. ‘Prior opinions of this office have indicated 

that the county does not have general authority to provide day care at the 

discretion of the commissioners court. See Attorney General Opinions M-264 

(1968); O-5386 (1943). The proposed transaction does not require the recipient to 

use the funds to provide day care only in those instances where the county could 

provide it. It instead appears to be an unconditional grant to a private entity, 

which in our opinion constitutes a donation of public funds to a private corporation, 

in violation of article 3, section 52 and article ll, section 3 of the Texas 

Constitution. See Attorney General Opinions H-520 (1975); M-661 (1970); O-5386 

- 

(1943). 

SUMMARY 

While under certain circumstances a county may contract 

with private entities for day care services, a county may not 

make an unconditional grant of revenue sharing funds to a 

private day care center serving children generally. The 

proposed expenditure would violate article 3, section 52 and 

article 11, section 3 of the Texas Constitution. 

APPROVED: 

Attorney General of Texas 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jsn 

P. 4789